alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### J. A. (Jim) HOLLOWAY, Appellant, v. STATE of Texas, Appellee.

No. 30614.

Court of Criminal Appeals of Texas.

May 20, 1959.

Donald & Donald, Bowie, for appellant.

Leon B. Douglas, State’s Atty., Austin, for the State.

WOODLEY, Judge.

The indictment charged that appellant, *with a knife,*did make an assault upon T. C. Barrett with intent to murder him.

The jury acquitted appellant of assault with intent to murder, but found him guilty of aggravated assault, and assessed his punishment at 6 months in jail and a fine of $1,000.

The difficulty facing the State is that the conviction does not rest upon a finding by the jury that appellant made an assault upon T. C. Barrett with a knife (art. 1147 (10) Vernon’s Ann.P.C.); or a finding that serious bodily injuries were inflicted upon T. C. Barrett by the assault (art. 1147(6) V.A.P.C.); but upon a finding that the assault was made with a deadly weapon (art. 1147(7) V.A.P.C.) Had the jury been authorized by the court’s charge to convict of aggravated assault under art. 1147 V.A.P.C. (6) or (10) the judgment might well be upheld.

Having alleged that the assault was made-with a knife, a conviction upon the theory of an assault with deadly weapon other than a knife would constitute a variance. See Branch’s Ann.P.C.2d Ed., Sec. 1755; Arbetter v. State, 79 Tex.Cr.R. 487, 186 S.W. 769; Mansfield v. State, Tex.Cr.App., 63 S.W. 630.

Nowhere in the court’s charge was the-jury required to find that the assault was. committed with a knife, as charged in the indictment.

Conviction for aggravated assault was. authorized upon a finding by the jury that the assault was made “with a deadly weapon as that term is herein defined.” A deadly weapon was defined as one which in the manner of its use is calculated to produce-death or serious bodily injury.

Appellant denied that he used a knife in' his encounter with Barrett, or that he inflicted the slash wound across Barrett’s-abdomen. Appellant testified that the only instrument or weapon he had which would', cut was a can opener.

There was testimony by the State’s witnesses that appellant inflicted the slash1 wound on Barrett with a knife having a*, blade 21⁄2 or 3 inches in length.

*887Whether the jury found that the can opener was a deadly weapon or found that the assault was made with the knife described by the State’s witnesses cannot ■be ascertained from the verdict in the light of the court’s charge.

Appellant’s exception to the charge correctly pointed out that in view of the allegations of the indictment, in order to convict, the jury would be required to find beyond ,a reasonable doubt that a knife was used in making the assault. Without such a finding the conviction under the indictment 'herein cannot be affirmed.

The judgment is reversed and the cause remanded.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Office of Personnel Management

# AGENCY:

Office of Personnel Management.

# ACTION:

30-Day notice and request for comments; correction.

# SUMMARY:

                        This notice corrects a word in the                         **SUMMARY**                         section of an information collection notice that was published in the                         **Federal Register**                         on January 31, 2024, regarding the renewal of the Questionnaire for Public Trust Positions (SF 85P) and Supplemental Questionnaire for Selected Positions (SF 85P-S).                    

# FOR FURTHER INFORMATION CONTACT:

                        Alexys Stanley at 202-936-2501 or                         *SuitEAForms@opm.gov.*

# SUPPLEMENTARY INFORMATION:

                    In the                     **Federal Register**                     of January 31, 2024 (89 FR 6139-6140), in FR Doc. 2024-01859, on page 6139 in the first column, in the 7th line of the                     **SUMMARY**                     section, the word “revise” is corrected to read “reinstate”.                

Dated: February 7, 2024.

Kayyonne Marston,

Federal Register Liaison.

[FR Doc. 2024-02887 Filed 2-12-24; 8:45 am]

BILLING CODE 6325-66-P
EXHIBIT 32



CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Quarterly Report of BOE Financial Services, Inc. (the
Company) on Form 10-QSB for the period ending March 31, 2004 as filed with the Securities and Exchange Commission on the date hereof (the Report), each of the undersigned hereby certifies, pursuant to 18 U.S.C. Section 1350,
as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 that, to the best of his knowledge: (1) the Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. 78m(a) or
780(d)); and (2) the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company as of March 31, 2004, and for the periods then ended.



|                          
|--------------------------
|/s/ George M. Longest, Jr.
|George M. Longest, Jr.    
|Chief Executive Officer   
|                          
|/s/ Bruce E. Thomas       
|Bruce E. Thomas           
|Chief Financial Officer   



May
17, 2004
<PAGE>

                    CERTIFICATION OF CHIEF FINANCIAL OFFICER

         Pursuant to 18 U.S.C. Section 1350, as created by Section 906 of the
Sarbanes-Oxley Act of 2002, the undersigned officer of Diamond Triumph Auto
Glass, Inc.(the "Company") hereby certifies that:

         (i) the accompanying Quarterly Report on Form 10-Q of the Company for
     the quarter ended March 31, 2004 (the "Report") fully complies with the
     requirements of Section 13(a) or Section 15(d), as applicable, of the
     Securities Exchange Act of 1934, as amended; and

         (ii) the information contained in the Report fairly presents, in all
     material respects, the financial condition and results of operations of the
     Company.

Dated: May 17, 2004                 /s/ Michael A. Sumsky
                                    --------------------------------------------
                                             Michael A. Sumsky
                                             Chief Financial Officer

         The foregoing certification is being furnished solely to accompany the
         Report pursuant to 18 U.S.C. Section 1350, and is not being filed for
         purposes of Section 18 of the Securities Exchange Act of 1934, as
         amended, and is not to be incorporated by reference into any filing of
         the Company, whether made before or after the date hereof, regardless
         of any general incorporation language in such filing.

                                      -2-
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<S>                             <C>
<PERIOD-TYPE>                   3-mos
<FISCAL-YEAR-END>                              Mar-31-2001
<PERIOD-START>                                 Apr-01-2000
<PERIOD-END>                                   Dec-31-2000
<CASH>                                           9,211
<SECURITIES>                                         0
<RECEIVABLES>                                   58,545
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<PP&E>                                          49,605
<DEPRECIATION>                                  35,758
<TOTAL-ASSETS>                                 981,402
<CURRENT-LIABILITIES>                        1,181,869
<BONDS>                                              0
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<OTHER-SE>                                    (429,419)
<TOTAL-LIABILITY-AND-EQUITY>                   981,402
<SALES>                                             0
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<CGS>                                               0
<TOTAL-COSTS>                               1,346,301
<OTHER-EXPENSES>                               47,146
<LOSS-PROVISION>                                    0
<INTEREST-EXPENSE>                             10,322
<INCOME-PRETAX>                              (873,649)
<INCOME-TAX>                                        0
<INCOME-CONTINUING>                          (906,458)
<DISCONTINUED>                                      0
<EXTRAORDINARY>                                     0
<CHANGES>                                           0
<NET-INCOME>                                 (873,649)
<EPS-BASIC>                                    (0.048)
<EPS-DILUTED>                                  (0.048)



</TABLE>
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Commission on Civil Rights

# AGENCY:

United States Commission on Civil Rights.

# ACTION:

Notice of Commission public business meeting.

# DATES:

Friday, February 23, 2024, 10 a.m. EST.

# ADDRESSES:

                        Meeting to take place virtually and is open to the public via livestream on the Commission's YouTube page:                         *https://www.youtube.com/​user/​USCCR/​videos.*

# FOR FURTHER INFORMATION CONTACT:

                        Angelia Rorison: 202-376-8371;                         *publicaffairs@usccr.gov*.                    

# SUPPLEMENTARY INFORMATION:

                    In accordance with the Government in Sunshine Act (5 U.S.C. 552b), the Commission on Civil Rights is holding a meeting to discuss the Commission's business for the month. This business meeting is open to the public. Computer assisted real-time transcription (CART) will be provided. The web link to access CART (in English) on Friday, February 23, 2024, is                     *https://www.streamtext.net/​player?​event=​USCCR.*                     Please note that CART is text-only translation that occurs in real time during the meeting and is not an exact transcript.                

## Meeting Agenda

### A. Approval of Agenda

### B. Business Meeting

### 1. Presentation by State Advisory Committee Chairs on Reports and related Memorandum:

a. Chair Michelle Rydz, North Dakota Advisory Committee, “Civil Rights and Fair Housing in North Dakota

b. Chair Steven Irwin, Pennsylvania Advisory Committee, “Affirmatively Furthering Fair Housing: An Analysis of Fair Housing Access & Zoning Practices in Pennsylvania”

c. Rev. Dr. Donnie Anderson, Member, Rhode Island Advisory Committee, “Licensing Barriers to Employment Post-Conviction in Rhode Island”

### C. Management and Operations

    - Staff Director's Report

### D. Adjourn Meeting

Dated: February 13, 2024.

Angelia Rorison,

USCCR Media and Communications Director.

[FR Doc. 2024-03268 Filed 2-13-24; 11:15 am]

BILLING CODE 6335-01-P
#### AMARILLO OIL COMPANY v. Robert S. CALVERT et al.

No. A-4090.

Supreme Court of Texas.

March 17, 1954.

Wm. Lee Darrah, A. J. Folley, Adkins, Folley, Adkins, McConnell & Hankins (now Adkins, Folley, McConnell & Flan-kins), Amarillo, R. Dean Moorhead, Austin, for Amarillo Oil Co.

John Ben Shepperd, Atty. Gen., W. V. Geppert, C. K. Richards, Asst. Attys. Gen., for Comptroller Calvert.

PER CURIAM.

By agreement of all parties 'the order refusing the application of Amarillo Oil Company for a writ of error is set aside. Application granted on motion for rehearing. Judgment of the Court of Civil Appeals reversed, and judgment of the trial court affirmed.
EXHIBIT 32.2

CERTIFICATION PURSUANT TO18 U.S.C. §1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of Enzon Pharmaceuticals, Inc. (the Company) on Form 10-K for the year ended December 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Mark L. Ogden, Vice President, Finance of the Company, certify, pursuant to 18 U.S.C. Section 1350, as
  adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:

|  
|--
|1.
|  
|2.

|               |  |                                                                                   |  | 
|-------------- |  | --------------------------------------------------------------------------------- |  | 
|March 16, 2011 |  | /s/ Mark L. OgdenMark L. OgdenVice President Finance(Principal Financial Officer) |  | 

A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 has been provided to Enzon Pharmaceuticals, Inc. and will be furnished to the Securities Exchange Commission or its staff upon request.



---
#### J. F. WHEAT et ux., Appellants, v. CITIZENS NATIONAL BANK AT BROWNWOOD, Appellee.

No. 3366.

Court of Civil Appeals of Texas. Eastland.

Feb. 7, 1958.

Rehearing Denied Feb. 28, 1958.

*736Ben D. Sudderth, Comanche, for appellant.

T. C. Wilkinson, Gordon Griffin, Jr., Brownwood, for appellee.

GRISSOM, Chief Justice.

J. F. Wheat and wife sued the Citizens National Bank at Brownwood to cancel their deed to the bank on the ground that it was a mortgage on their homestead. A jury found that (1) it was not agreed between Mr. Wheat and the bank that said deed was to be considered as a mortgage to secure Wheat’s indebtedness to the bank and that (2) the officer who handled the transaction at the time the bank paid Wheat’s debt and taxes believed in good faith that said instrument was a deed conveying the land to the bank. Judgment was rendered for the bank and the Wheats have appealed.

Appellants’ first point is that the court erred in refusing to allow Dr. Maxwell to testify “in regard to circumstances surrounding the making and actual contents of the deed from Maxwell to Wheat”. Their second point is that the court erred in refusing to admit said deed in evidence. Said deed was admitted in evidence. In their brief appellants make it plain that in the second point they are actually complaining of the refusal to permit the introduction of the deed from Maxwell to Wheat when it was first offered by appellants. Nevertheless, so considering the point, reversible error is not shown. The deed recited that Wheat had conveyed the property to Maxwell as security and that said deed was being executed for the purpose of cancelling the purported conveyance. Appellants’ first point, in so far as it complains that Dr. Maxwell was not permitted to testify as to the “actual contents of the deed”, cannot be sustained because the deed constituted the best evidence of its contents and it was introduced. The remaining portion of point one is that the court erred in refusing to allow Dr. Maxwell to testify in regard to circumstances surrounding the making of said deed. Texas Rules of Civil Procedure, rule 418 provides that if complaint is made of the rejection of evidence, the full substance of such rejected evidence shall be set out “with reference to the pages of the record where the same may be found”. This was not done. Under R.C.P. 372 it has been held that this court cannot sustain such a point where it is not shown what said witness would have testified. This was not shown. Gray v. Mills, Tex.Civ.App., 206 S.W.2d 278, affirmed 147 Tex. 33, 210 S.W.2d 985; Gulf Paving Co. v. Lofstedt, 144 Tex. 17, 188 S.W.2d 155; May v. Consolidated Underwriters, Tex.Civ.App., 170 S.W.2d 295 (Writ Ref.); Sims v. Duncan, Tex.Civ.App., 195 S.W.2d 156 (R.N.R.E.); Bradford v. Magnolia Pipe Line Co., Tex.Civ.App., 262 S.W.2d 242, 245; 3-A Tex.Jur. 534.

Appellants have the burden of showing that the court erred and that they were probably injured thereby. R.C.P. 434. The judgment is affirmed.
<PAGE>
                                                                    EXHIBIT 23.1

                       CONSENT OF INDEPENDENT ACCOUNTANTS

    We hereby consent to the incorporation by reference in the Registration
Statements on Form S-8 (No. 33-5521, No. 33-71614 and No. 33-92284) of
Communication Intelligence Corporation of our report dated February 20, 1997,
except as to Note 11, which is as of March 28, 1997, appearing on page F-2 of
this Annual Report on Form 10-K. We also consent to the application of such
report to the Financial Statement Schedule for the years ended December 31, 1996
and 1995 listed under Item 14(a) of Communication Intelligence Corporation's
Annual Report on Form 10-K for the year ended December 31, 1996 when such
schedule is read in conjunction with the financial statements referred to in our
report. The audits referred to in such report also included this Financial
Statement Schedule.

PRICE WATERHOUSE LLP
San Jose, California
March 28, 1997
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 457 Introduced in Senate (IS)]

104th CONGRESS
  1st Session
                                 S. 457

 To amend the Immigration and Nationality Act to update references in 
     the classification of children for purposes of United States 
                           immigration laws.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           February 22, 1995

  Mr. Simon (for himself, Mr. Cochran, Mr. Kennedy, Mr. D'Amato, Mr. 
 Packwood, and Mr. Hatfield) introduced the following bill; which was 
       read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
 To amend the Immigration and Nationality Act to update references in 
     the classification of children for purposes of United States 
                           immigration laws.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. DEFINITION OF CHILD.

    Section 101(b) of the Immigration and Nationality Act (8 U.S.C. 
1101(b)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A), by striking ``legitimate 
                child'' and inserting ``child born in wedlock''; and
                    (B) in subparagraph (D), by striking ``an 
                illegitimate child'' and inserting ``a child born out 
                of wedlock''; and
            (2) in paragraph (2), by striking ``an illegitimate child'' 
        and inserting ``a child born out of wedlock''.
                                 <all>
```
<TABLE> <S> <C>

<ARTICLE>     5
<CIK>     0001109262
<NAME>     Brazilian Indio Services.Com, Inc.
<MULTIPLIER>     1

<S>                                     <C>
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<FISCAL-YEAR-END>                       DEC-31-2000
<PERIOD-START>                          MAR-31-2000
<PERIOD-END>                            JUN-30-2000
<CASH>                                     109,862
<SECURITIES>                                     0
<RECEIVABLES>                                    0
<ALLOWANCES>                                     0
<INVENTORY>                                      0
<CURRENT-ASSETS>                           109,862
<PP&E>                                           0
<DEPRECIATION>                                   0
<TOTAL-ASSETS>                             109,862
<CURRENT-LIABILITIES>                      109,862
<BONDS>                                          0
<PREFERRED-MANDATORY>                            0
<PREFERRED>                                      0
<COMMON>                                     5,000
<OTHER-SE>                                  (4,500)
<TOTAL-LIABILITY-AND-EQUITY>               109,862
<SALES>                                          0
<TOTAL-REVENUES>                                 0
<CGS>                                            0
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<OTHER-EXPENSES>                                 0
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<INCOME-CONTINUING>                              0
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<EXTRAORDINARY>                                  0
<CHANGES>                                        0
<NET-INCOME>                                (4,500)
<EPS-BASIC>                                    0
<EPS-DILUTED>                                    0


</TABLE>